Effective date: October 1, 2020
1.1. The KARROAD website https://karroad.com (hereinafter, the "Site") is managed and operated under the responsibility of :
Simplified joint stock company with a capital of 10,000 euros
Registered at the RCS of Grasse under the number 879 745 982
Headquarters: 1047 route des Dolines, Allée Pierre Ziller, Business Pôle 06560 Valbonne - Sophia-Antipolis
Director of the publication: Mr. President of Karroad
Website hosting: 1&1 Ionos - 7, Place de la Gare - 57200 Sarreguemines - France
1.2. The KARROAD Website provides information on the various services offered by KARROAD (hereinafter, the "Service").
- Accessibility and operation of the site
3.1 KARROAD will use reasonable efforts to keep the Website up to date and accessible to a reasonable number of Users. However, KARROAD does not warrant that the functions of the Website will be uninterrupted or error-free, that defects will be corrected immediately or that the server that makes the Website available is free of viruses or other harmful components.
3.2 KARROAD shall not be liable for any loss and/or damage of any kind arising from the suspension, interruption, (technical) disruption, slowing down, difficult accessibility and/or cessation of accessibility to all or part of the Site or from viruses or other harmful elements on the Site.
3.3 If the User finds any errors, viruses or other harmful elements on the Web Site, the User is invited to notify KARROAD at the following address
KARROAD advises the User to install firewalls, anti-virus software and other necessary protective software on his/her computer to prevent damage to the computer.
3.4 KARROAD retains the right to suspend or discontinue all or any part of the Website at any time, without giving any reason or prior notice.
- Use of the site
4.1 The User agrees to use the Site only for its intended purpose, to the exclusion of any other purpose.
4.2 The User is responsible for ensuring that all information provided by the User is accurate and up to date.
4.3 The User undertakes to use the Site in good faith and to comply with the legislation in force, and in particular to refrain from
- send to KARROAD any content or communications that are false or misleading, (and to update such content as necessary to ensure that it does not become false or misleading), obscene, racist or xenophobic, abusive, unlawful, deceptive, invasive of another's privacy, offensive, harmful, violent, threatening or harassing, defamatory, infringing of any intellectual property right or any other right, or that encourages or participates in any of the foregoing;
- provide email addresses or other types of KARROAD content without obtaining prior consent;
- send to KARROAD any content that violates the rights of any third party or harms them in any way (intellectual property rights, privacy, business secrets etc.);
- send content to KARROAD that directs to illegal websites or contains inappropriate content
- use the Site to send junk mail, unsolicited mail, pyramid schemes or similar or fraudulent schemes;
- circumvent the technical devices for protecting documents and multimedia elements;
- any action that may interfere with the proper working of the Site, the Service, including the use of worms, viruses, software bombs or mass mailings; attempt to violate unauthorized access to any portion of the Site or equipment used in the operation of the Site;
- use a false name, alias, or impersonate any other person or entity;
- use the Site for purposes other than those set out in the TOS.
4.5 The User uses the Site at its own risk. The Site, its components and all related information, software, facilities and services are provided on an "as is" and "as available" basis without warranty of any kind (either express or implied) and within the limits of applicable law.
4.6 KARROAD shall not be liable for any loss or damage (direct, indirect, material or immaterial) arising from the use of the Site and its components, or from the inability to use the Site.
4.7 The User is also obliged to inform KARROAD immediately in writing if he/she becomes aware of any inappropriate behavior or use in connection with the Site by sending an email to the following address [email protected]
- Links to other sites
5.1 Hyperlinks to other websites may appear on the Site. In addition, certain websites may include a link to the Web Site. KARROAD has no control over such third party sites and assumes no responsibility for their operation, content or use. Unless otherwise expressly stated by KARROAD on the Web Site, the existence of such links does not imply any endorsement by KARROAD of the linked Web sites or any use thereof, or any association or partnership with the operators of such Web sites.
- Intellectual property rights
6.1 The Website and its components (trademarks, logos, graphics, photographs, animations, videos, music, texts, etc.) are the property of KARROAD. They are protected by intellectual property rights (in particular copyright, design rights, trademark rights, etc.) and may not be reproduced, used or distributed without the prior written consent of KARROAD or, where applicable, of the owner of the rights concerned, under penalty of constituting an infringement of copyright and/or design rights and/or trademark rights, punishable by up to three years' imprisonment and a fine of up to fine 300,000 and the confiscation of the proceeds of the offence.
6.2 KARROAD hereby grants the User a non-exclusive, non-transferable license for an indefinite period of time, revocable at any time without cause, to access, display and download the content of the Web Site solely for the purpose of displaying it. The User may also print a copy of the content displayed on the Site for his/her personal needs, provided that he/she does not alter the content of the Site in any way and that he/she retains all mentions of authorship and origin of the Site. Reproduction is therefore only authorized for strictly private purposes.
6.3 Any use of the Site and its components not covered by this article is strictly prohibited.
7.1 In order to be valid, any possible complaint by the User relating to the Site must be communicated in writing within eight (8) calendar days of becoming aware of the fact which gives rise to the complaint. The absence of any dispute in accordance with the aforementioned rules entails for the User the unconditional and unreserved acceptance of the fact that gives rise to the complaint and, de facto, the definitive renunciation of any claim on this account.
- Changes and language versions
- Validity of contractual clauses
9.1 KARROAD's failure to enforce any provision of these TOU at any time shall not be construed as a waiver of any subsequent rights under this TOU.
9.2 The invalidity, lapse or unenforceability of any of the foregoing or following provisions shall not invalidate the whole of these TOU. The provision that is wholly or partially invalid, void or unenforceable shall be deemed to be unwritten. KARROAD shall replace such provision with a provision that serves the same purpose as the invalid provision, to the extent possible.
- Applicable law and competent jurisdiction
10.1 The validity, interpretation and/or performance of the TOS shall be governed by French law, to the fullest extent permitted by applicable rules of private international law.
10.2 In the event of any dispute concerning the validity, interpretation or performance of the GTC, the courts of the place of KARROAD's domicile shall have exclusive jurisdiction to the fullest extent permitted by the applicable rules of private international law.
10.3 Before taking any steps to resolve a dispute in a court of law, the User and KARROAD agree to attempt to resolve the dispute amicably. To this end, the User and KARROAD shall first contact each other before resorting to mediation, arbitration or any other alternative dispute resolution process.